As the United States strives for a vigorous and effective response to radical Islamist terrorism around the globe, our country remains embroiled in an important and difficult national debate over when and how to detain and prosecute suspected terrorists. As part of this debate, some have argued for the creation of new, untested legal regimes to preventively detain and/or prosecute persons suspected of complicity in terrorism. However, often missing from the discussion is the fact that the federal courts are continuing to build on their proven track record of serving as an effective and fair...
As the United States strives for a vigorous and effective response to radical Islamist terrorism around the globe, our country remains embroiled in an...